UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6779
BEAUMONT GEREAU-BEY,
Plaintiff - Appellant,
versus
WALLENS RIDGE STATE PRISON; CAPTAIN JANEWAY;
W. R. HEMSLEY; T. PHILLIPS; S. K. YOUNG,
Warden,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, District
Judge. (7:05-cv-00605-sgw-mf)
Submitted: November 3, 2006 Decided: November 16, 2006
Before MICHAEL, KING, and SHEDD, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Beaumont Gereau-Bey, Appellant Pro Se. Mark Ralph Davis, OFFICE OF
THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Beaumont Gereau-Bey appeals the district court's order
dismissing his 42 U.S.C. § 1983 (2000) complaint for failure to
exhaust administrative remedies. The district court properly
required exhaustion of administrative remedies under 42 U.S.C.
§ 1997e(a) (2000). Because Gereau-Bey did not demonstrate to the
district court that he exhausted his administrative remedies or
that such remedies were not available, the court’s dismissal of the
action was not an abuse of discretion. Accordingly, we affirm the
district court’s order, which is modified to reflect that the
dismissal was without prejudice to Gereau-Bey’s right to refile
once he has exhausted his administrative remedies. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED AS MODIFIED
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